ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Thursday, February 22, 1996 TAG: 9602220046
SECTION: VIRGINIA PAGE: A-1 EDITION: METRO ALAN KIM/STAFF.
DATELINE: RADFORD
SOURCE: KRISTEN KAMMERER STAFF WRITER
NOTE: Above
Video and convenience stores are still trying to figure out just how far the city's new anti-smut ordinances go, and whether or not they must now strip their shelves of X-rated videos and explicit magazines.
Council members, who voted unanimously to pass the ordinances, left no doubt that they intended for the sale and distribution of all obscene materials, including what they referred to in one meeting as "those magazines they sell in convenience stores," to be prohibited within city limits.
``I think that by passing the ordinances, council was expressing a statement that we disapprove of such things,'' said Councilwoman Polly Corn.
Troy Lawson, owner of Bumpers Cafe, has stopped the exotic dancing in his downtown bar. The ordinances, which went before council three days after the shows began, specifically targeted public nudity. Lawson decided to let the dancers go rather than have them cover up as outlined in a sketch supplied by Radford police. Thongs and exposed genitals and breasts are banned.
As of Tuesday, however, only one of three Radford stores that rent adult or X-rated movies had taken any action.
According to an employee, Moovies Inc., formerly King Video, had removed the adult videos from its shelves.
The other stores were more reluctant.
Sandra Adams, owner of Take Two Video, said a ban on X-rated videos would hurt her business. She estimated that 30 percent of her store's rentals are adult videos.
"I would try to do what they want," she said of City Council. "But we have a lot of customers who do want to rent [adult videos]. ... We get people from all walks of life."
Mike Turner, owner of Two Thumbs Up Video, said that if Radford banned adult videos, it would merely shift business to his other franchise store, across the New River in Pulaski County.
The managers and employees of three Radford gas stations that sell adult magazines such as "Hustler," "Playboy," and "Penthouse," said they did not think they were required to clear their shelves.
Pat Morris, manager of a Marathon gas station, said that while he did not personally endorse adult magazines, his store carried them for the customers' benefit. The sale of such magazines at his store, he said, is "surprisingly significant."
He added that "if the police came tomorrow and told us to remove the magazines from our shelves, we'd do it without hesitation or protest.''
Removing magazines and adult videos from the store shelves may, in fact, be premature and unnecessary.
According to Radford City Manager Robert Asbury, "The ordinance is a universal one and applies to all citizens of Radford, but ... there will not be a campaign to check every store."
However, Radford officials may have to reconsider the extent to which they enforce the obscenity ordinance.
"To try and explicitly pass something that bans X-rated videos ... that's a bunch of hogwash," said Josh Wheeler, director of programs for the Thomas Jefferson Center for the Protection of Free Speech in Charlottesville.
While Radford's ordinance regarding "distribution of obscene materials" does conform to legal standards set by the U.S. Supreme Court, he said, the city would risk legal repercussions if it sought to eliminate adult videos or general-circulation magazines with nude photos.
"That's not going to fly," he said.
Robert O'Neil, director of the Thomas Jefferson Center, said the Supreme Court ruled in 1973 that sexually explicit material cannot be banned as obscene unless it violates community standards and lacks literary, artistic, political and scientific value.
Therefore, he said, while sexually explicit videos and magazines may offend some people, many cannot be banned because they are not "legally obscene" according to the Supreme Court.
While Radford officials and businesses sort through the details of the ordinances, one business owner is quietly taking advantage of the brouhaha.
Darren Cassese, the owner of Tony's Strip-O-Gram, a male and female stripper service, said that, in order to comply with the new laws, his dancers now will wear bikinis instead of thongs when they undress at birthday or bachelor parties or wedding showers.
Cassese thinks the new ordinance may actually prove advantageous to his business.
"Without a strip club to go to, they'll be calling me more often," he said.
Staff writer Robert Freis contributed to this story.
original story below |By KRISTEN KAMMERER| |STAFF WRITER|
RADFORD - When city officials passed "obscenity" and "public nudity" ordinances last week, they said it was an attempt to clean up smut.
This week, video and convenience stores are still trying to figure out just how far those ordinances go, and whether or not they must now strip their shelves of X-rated videos and explicit magazines.
Council members, who voted unanimously to pass the ordinances, left no doubt that they intended for the sale and distribution of all obscene materials, including "those magazines they sell in convenience stores," to be prohibited within city limits.
``I think that by passing the ordinances, council was expressing a statement that we disapprove of such things,'' said council member Polly Corn.
As they're written, the ordinances adhere to the definition of "obscene" under federal law.
According to that law, however, magazines such as "Playboy" and "Penthouse" as well as adult videos are not considered obscene, First Amendment experts said Wednesday.
The ordinances have many local business owners confused, concerned and scrambling to decide what, if anything, they must do to comply.
Troy Lawson, owner of Bumpers Cafe, has stopped the exotic dancing in his downtown bar. The ordinances, which went before council three days after the shows at Bumpers began, specifically targeted public nudity. Lawson decided to let the dancers go rather than have them cover up as outlined in a sketch supplied by Radford police.
As of Tuesday, however, only one of three stores in Radford that rent adult or X-rated movies had taken any action.
According to an employee, Moovies Inc., formerly King Video, had removed the adult videos from its shelves.
The other stores were more reluctant.
Sandra Adams, owner of Take Two Video, said a ban on X-rated videos would have a big financial impact on her business. She estimated that 30 percent of her store's rentals are adult videos.
Take Two Video displays its adult video catalog in a closed back room, marked with the sign "ADULT - MUST BE 18." Customers who select an adult video from the catalog have to ask a salesperson to get it for them, Adams said.
Employees require customers who seem underage to show an I.D., she said.
"I would try to do what they want," she said of the City Council. "But we have a lot of customers who do want to rent [adult videos] ... We get people from all walks of life."
Mike Turner, owner of Two Thumbs Up Video, said if Radford banned adult videos, it would merely shift business to his other franchise store, located across the New River in Pulaski County.
The managers and employees of three Radford gas stations that sell adult magazines such as "Hustler," "Playboy," and "Penthouse" said they did not think they were required to clear their shelves.
Pat Morris, manager of a Marathon gas station, said that while he did not personally endorse adult magazines, his store carried them for the customers' benefit. The sale of such magazines at his store, he said, is "surprisingly significant."
He added that "if the police came tomorrow and told us to remove the magazines from our shelves, we'd do it without hesitation or protest.''
Removing magazines and adult videos from the store shelves may, in fact, be premature and unnecessary.
According to Radford City Manager Robert Asbury, "The ordinance is a universal one and applies to all citizens of Radford, but ... there will not be a campaign to check every store."
However, Radford officials may have to reconsider the extent to which they enforce the obscenity ordinance.
"To try and explicitly pass something that bans X-rated videos, ... that's a bunch of hogwash," said Josh Wheeler, director of programs for the Thomas Jefferson Center for the Protection of Free Speech in Charlottesville.
While Radford's ordinance regarding "distribution of obscene materials" does conform to legal standards set by the U.S. Supreme Court, he said, the city would risk legal repercussions if it sought to eliminate adult videos or general circulation magazines with nude photos.
"That's not going to fly," he said.
Robert O'Neil, director of the Thomas Jefferson Center, explained that in 1973, the Supreme Court said sexually explicit material cannot be banned as obscene unless it violates community standards and lacks literary, artistic, political and scientific value.
Therefore, he said, while sexually explicit videos and magazines may offend some people, many cannot be banned because they are not "legally obscene" according to the Supreme Court.
While Radford officials and local businesses sort through the details of the ordinances, one business owner is quietly taking advantage of the brouhaha.
Darren Cassese, the owner of Tony's Strip-O-Gram, a male and female stripper service, said that, in order to comply with the new laws, his dancers will now wear bikinis instead of thongs when they undress at birthday or bachelor parties or wedding showers.
Cassese thinks the new ordinance may actually prove advantageous to his business.
"Without a strip club to go to, they'll be calling me more often," he said.
Staff writer Robert Freis contributed to this story.
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